Pepsi may replace Coke in Ridgefield vending machines

News-Times, The (Danbury, CT)

Published 7:00 pm, Wednesday, December 26, 2007

Attorney General Richard Blumenthal has reached a decision on having only Coca-Cola products available in vending machines in municipal and school buildings in Connecticut towns, which raised protest in this town of many Pepsico employees.

But he urged BESB to keep an open mind when Coke's contract runs out in June 2009, to consider Pepsi during bidding, and to not have an exclusive contract with any one bidder.

"As a purely legal matter, BESB's statutory power encompasses product or brand decisions," Blumenthal wrote in a Dec. 19 opinion. "As a matter of sound public policy, we strongly recommend that BESB consult with the towns, which reflect consumer preferences in products, and heed their view as to specific brand names to be offered."

Brian Sigman, executive director of BESB, could not be reached for comment Wednesday. However, Blumenthal's opinion notes that Sigman told his office five soft drink companies were approached to bid for the contract with BESB and Pepsi did not respond.

The 10-year contract went to Coca-Cola in June 1999. The company donates 35 cents for every dollar raised through sales from BESB vending machines to programs for blind and visually impaired children and adults.

Controversy arose earlier this year when BESB contacted Ridgefield First Selectman Rudy Marconi and told him Pepsi products had to be pulled from the vending machines in municipal buildings in town.

At first Marconi did so, not wanting to break the law. Then local Pepsi employees complained and contacted the law firm of Cummings & Lockwood for an opinion. The firm found BESB, while having the right to contract with towns to have vending machines in municipal buildings, does not have the right to chose what products are sold in the machines.

Blumenthal disagrees.

Pepsi Bottling executives could not be reached Wednesday for comment. However, Marconi said a person he spoke to at Pepsi told him the company was willing to participate in the BESB contract as Coca-Cola has, donating the same percentage of money to BESB programs.

"I believe the Attorney General is saying that due to contract, BESB would have to honor only selling Coke products at this time," Marconi said, "but that he still hopes BESB would hold up public concern and not brazenly dictate products we have in our machines.

"I think municipalities should have the right to say that right now, but I understand the Attorney General not wanting to get in a legal battle with Coke over this," Marconi continued. "This is a very poor policy (of single brand domination) and I'm surprised that state government ever allowed it to come into being."

Ridgefield is not alone in questioning BESB's right to dictate product selection in vending machines in municipal buildings. The Bethel Police Department similarly contacted the Attorney General's office when BESB changed its Pepsi vending machine to Coca-Cola last year.